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Ref RD3:   Release of Property in Wary Tree St. Warwick 1763

The Warwick Documents

Ref RD3: Release of Property in Wary Tree St. Warwick 1763
(C.R.O. Ref: C.R.1886 Box 530)

This Release of the same property mentioned in RD2 is important in that it mentions two previous indentures and thus gives us some insight into the history of the buildings concerned

The first indenture mentioned is dated 14th. April 1748 and was between Thomas Taylor and wife and William Hollioak in which Thomas borrows £60 and then a further £20 in the form of a mortgage against the property

In the second indenture mentioned, Richard Drury (b.1700) contracts with Thomas Taylor and wife and Martha Hollioak to buy the properties. By this date William Hollioak is dead and Martha, his wife, is entitled to the amount outstanding on the security. The total sum agreed for the sale is £300 of which £109 is paid to Martha Hollioak and the remainder to Thomas Taylor. The £300 paid was in the form of a mortgage using properties as security. Thomas had to repay Richard by the following 14th. May in order to complete possession of the properties. Thomas did not repay this debt and the property then became Riachard's.
The document is somewhat confusing in that William Hollioak in the first mortgage indenture in 1748 set a 1000 year term on the building to prevent alteration to it and in all the following indentures this 1000 year term is referred to and is passed from person to person.

The indenture RD3 having recited the previous indentures sets out the business for which it was produced. This was, in simpe terms, the sale of the properties in Warry Tree St. to Elizabeth Drury, Richard's wife. In his Will, Richard had left the properties in trust to Thomas Collett and John Lancaster to be sold and he had left provision of £500 for Elizabeth. She contracts with Thomas Taylor for the purchase of the premises for £328 of which £301 is owed on the security between Richard and Thomas. She also contracts with the trustees to accept the properties as part of the £500 legacy and ths becomes the owner of them. The 1000 year term is transferred from William Mason to John Parkes but is effectively controlled by Elizabeth.

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